How Trump's Border Wall Differs From Past National Emergency Declarations
*By Carlo Versano*
Two years after President Richard Nixon resigned, Congress passed and President Ford signed the National Emergencies Act of 1976 in an attempt to regulate the president's ability to declare open-ended national emergencies. The point of the law, commentators said at the time, was to give Congress the power of oversight on matters of national urgency.
With a veto-proof majority, Congress could override declarations of national emergency that were executed by the president. The law was, in essence, intended to be a check on executive power.
It is perhaps ironic then that President Trump announced he will, under the provisions of that law, declare a national emergency as a way to circumvent Congress' "power of the purse" ー in this case, the body's refusal to grant him the billions he requested in border wall funding.
Since that law was signed by President Gerald Ford, there have been 58 declarations of national emergencies, 31 of which are still in effect, according to the Federal Register.
What differentiates President Trump's emergency declaration on border security ー aside from the fact that his own administration says illegal border crossings are at [near-historic lows](https://www.cbp.gov/sites/default/files/assets/documents/2017-Dec/cbp-border-security-report-fy2017.pdf) ー is that it involves an issue of domestic politics rather than foreign policy. A review of the [31 national emergencies](https://www.pri.org/stories/2019-01-11/us-currently-31-other-national-emergencies-heres-what-means) currently in effect finds that nearly all of them concern issues like economic sanctions in countries like Libya and Syria, human rights abuses in places like Venezuela, or export controls.
President George W. Bush declared a national emergency in the days after 9/11 that is annually renewed, but the vast majority of the others involve international and transnational crises that many Americans probably didn't even know existed at the time they were enacted ー and certainly don't concern domestic policy. The few domestic national emergencies addressed crises like the H1N1 pandemic that were not exactly political hot button issues.
That puts the border emergency in a category of its own, and has led even some Republicans to grumble that the president is setting a precedent that will come back to bite the party when Democrats next control the executive branch.
House Speaker Nancy Pelosi latched onto that concern on Thursday while she delivered remarks on the anniversary of the Parkland school shooting:
"Why don't you declare that emergency, Mr. President? ... A Democratic president could."
As the Omicron variant continues to sweep across the country. The US Supreme Court is expected to hear arguments at the end of this week on whether or not the Biden administration can force private companies to vaccinate or test millions of their employees. In addition, the National Nurses United has spearheaded legal action to protect nurses and health care workers, patients, and the public while on the job. President of the National Nurses Union, Zenei Cortez, joined Cheddar to discuss more.
Far too often, Americans are forced to navigate a tangled web of outdated government websites, offices way out of their reach, and hours of time 'on hold' to access the simple government services they depend on. A recent executive order, signed by President Biden, is intended to improve, streamline and modernize the 'customer' experience when accessing government services. Mina Hsiang, the administrator of the United States Digital Service, joins Cheddar News to discuss how the tech workforce is impacted by this executive order.
Today marks one year since the January 6 Attack on the United States Capitol. The Country watched as supporters of then-President Trump stormed what was assumed to be the most secure building in the country in an attempt to stop the certification of the 2020 Election. Several lawmakers, including the Vice President, could be seen ducking down as they feared for their lives. Democratic Michigan Representative Dan Kildee, joined Cheddar to discuss more.
Stocks closed lower on Friday as investors continue to worry over rate hikes. John Lynch, CIO of Comerica Wealth Management, joins Cheddar News' Closing Bell, where he says value is back in play with investors. Lynch also believes the market has overreacted to the latest Fed minutes, suggesting a bounce-back at some point.
Ben Armstrong, founder of Bitboy Crypto, joins Cheddar News to discuss Bitcoin's downward trend and what's next for crypto after protests in Kazakhstan cause crypto miners to shut down.
Washington, D.C. Attorney General Karl Racine joins Cheddar Politics to discuss his lawsuit against the extremist groups Proud Boys and Oath Keepers over their role in the January 6 attack on the U.S. Capitol.
Josh Pasek, a professor at the University of Michigan and expert on political communication and misinformation, joins Cheddar News to discuss how political radicalization happens and how America got to this point.
Kyle Kondik, managing editor at Sabato's Crystal Ball at the University of Virginia Center for Politics, joins Cheddar News to discuss what to expect at the 2022 midterm elections.
Katie Barlow, media editor at SCOTUSblog, joins Cheddar Politics to reflect on what happened at the Supreme Court in 2021 and what may be in store for 2022.
Gerren Keith Gaynor, managing editor of politics and Washington correspondent at The Grio, joins Cheddar Politics to discuss the progress President Biden made on his policy agenda in 2021, and what remains to be done in 2022.
